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Special Services District Occupancy Fee
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(1) Downtown Services District.

(a) Unless exempt pursuant to section 3.680(1)(a) of this code, the owner of property within the downtown services district shall pay to the city a fee based on the square footage of space in a building which is occupied or used for non-residential purposes. No fee shall be imposed for that portion of the building which is not occupied. The fee shall be paid quarterly. The quarterly fee shall be based on the amount of square footage of space occupied or used for non-residential purposes measured on the first day of the quarter as follows:

1. Owners of property located within the inner district as defined in subsection (c) of this section, shall pay a fee of $0.04 per square foot of occupied space, exclusive of occupied basement space, per quarter, commencing January 1, 2001.

2. Owners of property located within the outer district as defined in subsection (c) of this section, shall pay $0.03 per square foot of occupied space, exclusive of occupied basement space, per quarter, commencing January 1, 2001.

(b) Notwithstanding subsection (a) of this section, the owners of hotels and motels located within the downtown services district shall pay a fee of $7.50 per occupied room per quarter. For purposes of this subsection, the fee for any quarter shall be based on the daily average of occupied rooms during the immediately preceding quarter. Such hotels and motels also shall pay to the city a square footage occupancy fee under subsection (1) of this section for that portion of the hotel or motel which is engaged in retail or food service activities.

(c) The boundaries of the downtown services district to which this occupancy fee applies are described as:

1. Inner district. That area bounded by the centerlines of 7th Avenue on the North, Charnelton Street on the West, 11th Avenue on the South, and the North/South alley between Pearl Street and High Street on the East.

2. Outer district. The properties between the centerlines of 6th Avenue and 11th Avenue that abut the west side of Charnelton Street on the West; the properties between the northern boundary of the inner services district and the centerline of 6th Avenue on the North; and the properties between the eastern boundary of the inner services district to and including the properties that abut the East side of High Street between the centerlines of 6th Avenue and 11th Avenue on the East as depicted on the map attached as Exhibit A hereto.

(d) Commencing July 1, 1997, owners of property located within both the inner district and outer district shall pay a fee of $0.01 per square foot of occupied basement space per quarter.

(e) In the event a petition requesting that the district be dissolved is presented to the city manager, and the petition is signed by property owners representing more than 50% of the square footage of the district, the city manager shall place the petition on a council agenda for consideration by the council. No more than one such petition may be presented to the council during a period of 12 consecutive months. If the council grants a petition and dissolves the district, owners of property within the district shall be required to continue payments in accordance with this section for a minimum period of two quarters thereafter. Subject to the procedural requirements of its operating agreements, the council may place consideration of dissolution of the district on a council agenda without a property owner petition being filed.

(2) West University Services District.

(a) Unless exempt pursuant to section 3.680(1)(b) of this code, the owner of property within the West University services district shall pay to the city a fee based on the square footage of space in a building which is occupied or used for non-exempt purposes. No fee shall be imposed for that portion of the building which is not occupied. The fee shall be paid quarterly. The quarterly fee shall be based on the amount of square footage of space occupied or used for non-exempt purposes as measured on the first day of the quarter. Owners of the property located within the district as defined in subsection (b) of this section shall pay the following fees on a quarterly basis, as provided in section 3.660(2) of this code:

1. $0.04 per square foot per month, up to a maximum of $400.00 per property per month; and

2. $7.50 per occupied room per month.

(b) The boundaries of the West University services district to which this occupancy fee applies are described as the commercial property on 13th Avenue between Kincaid Street and Ferry Street plus the adjacent commercial property on Alder Street and Hilyard Street between 13th Avenue and the alley south of 13th Avenue, excepting therefrom the north side of 13th Avenue from Ferry Street to Hilyard Street, as more particularly depicted on the map attached as Exhibit B hereto.

(c) In the event a petition requesting that the district be dissolved is presented to the city manager, and the petition is signed by property owners representing more than 50% of the square footage of the district, the city manager shall place the petition on a council agenda for consideration by the council. No more than one such petition may be presented to the council during a period of 12 consecutive months. If the council grants a petition and dissolves the district, owners of property within the district shall be required to continue payments in accordance with this section for a minimum period of two quarters thereafter. Subject to the procedural requirements of its operating agreements, the council may place consideration of dissolution of the district on a council agenda without a property owner petition being filed.

(Section 3.650 added by Ordinance 19965, enacted on May 18, 1994, effective July 1, 1994; amended by Ordinance No. 20092, enacted September 17, 1997; and Ordinance No. 20197, enacted June 26, 2000, effective July 26, 2000.)